JUDGMENT Mr. Vijender Singh Malik, J.:- This is an appeal brought by the claimants for enhancement of compensation. Learned Motor Accidents Claims Tribunal, Sonepat(for short ‘the Tribunal’) allowed the claim petition of the appellants brought under section 166 of the Motor Vehicles Act, 1988 (for short ‘the Act’) vide award dated 16.5.2009 in a sum of Rs.4,13,144/-. The claim petition had been brought by Smt. Shakuntla and others on account of the death of Jai Bhagwan having occurred in a road side accident that took place on 1.5.2006. 2. Jai Bhagwan, the deceased was 46 years of age at the time of the accident. He was working as a peon with Forest Department. He was getting Rs.10,000/- per month as salary. It is claimed that a sum of Rs.47,000/- has been spent in transportation of the dead body of Jai Bhagwan and his last rites. A sum of Rs.15,00,000/- is claimed as compensation for the death of Jai Bhagwan. 3. The respondents have denied the aforesaid averments of the claimants. Learned Tribunal has noticed the statement of Daya Nand Rathee, an official of Forest Department examined as PW-3, who produced the pay certificate of the deceased, which was showing him to be drawing salary in a sum of Rs.7261/- per month. From the service record, learned Tribunal has also taken the date of birth of Jai Bhagwan as 06.03.1958. Since the deceased met with his tragic end on 1.5.2006, he was 48 years and less than a couple of months old on the date of the accident. Learned Tribunal deducted 1/3rd from the income of the deceased towards expenses of the deceased on himself and calculated the annual dependency at Rs.58,092/-. Learned Tribunal took the multiplier of 7 and has, thus, found a sum of Rs.4,06,644/- as lost by the claimants in the death of Jai Bhagwan. A sum of Rs.6500/- was allowed towards expenses on the last rites and a sum of Rs.4,13,144/- has been awarded as compensation. 4. Learned counsel for the appellants has contended that the deceased was less than 50 years of age and at least 30% should have been added to his income towards future prospects.
A sum of Rs.6500/- was allowed towards expenses on the last rites and a sum of Rs.4,13,144/- has been awarded as compensation. 4. Learned counsel for the appellants has contended that the deceased was less than 50 years of age and at least 30% should have been added to his income towards future prospects. He has further submitted that at the age of 49 years, the multiplier available in Smt. Sarla Verma and others v. Delhi Transport Corporation and another, [2009(3) Law Herald (SC) 2107] : 2009(3) RCR (Civil) 77 is of 13 and learned Tribunal has grossly erred in applying the multiplier of 7 to assess the compensation. 5. Learned counsel for respondent No.2 has submitted, on the other hand, that there was no question of future prospects because no promotion was due in the case of the deceased. According to him, he was a peon and would have remained a peon. He has, however, admitted that the multiplier selected by the Tribunal is on the lower side. 6. Promotion alone would not justify addition of some income in the name of future prospects. The deceased at least was in permanent job and he would have got increments and installments of the dearness allowance and also some pay commission report would have made his income increase. As he was below 50 years of age, his income should have been increased by 30% in the name of future prospects. Taking the income of the deceased at Rs.7261/-, 30% of the same comes to Rs.2179/- which brings the total income at Rs.9440/-. There is no dispute regarding the deduction. The claimants are three in number and, therefore, 1/3rd of the same has to be deducted in the name of personal expenses of the deceased on himself. After deducting 1/3rd from Rs.9440/-, the monthly dependency of the claimants comes to Rs.6293/-, which multiplied with 12 bring the annual dependency to Rs.75,516/-. At the age of 48 years, the multiplier available in Smt. Sarla Verma’s case, supra is 13. So multiplying the annual dependency with 13, I find a sum of Rs.9,81,708/- to have been lost by the claimants in the death of Jai Bhagwan. Adding to it, a sum of Rs.12,000/- under the conventional heads, I assess a sum of Rs.9,93,708/- as compensation in favour of the claimants-appellants. 7.
So multiplying the annual dependency with 13, I find a sum of Rs.9,81,708/- to have been lost by the claimants in the death of Jai Bhagwan. Adding to it, a sum of Rs.12,000/- under the conventional heads, I assess a sum of Rs.9,93,708/- as compensation in favour of the claimants-appellants. 7. In the result, the appeal succeeds and is allowed enhancing the compensation from Rs.4,13,144/- to Rs.9,93,708/- which shall be payable to the claimants-appellants with interest @ 6% per annum from the date of filing of the petition till the date of realization thereof by the respondents whose liability shall be joint and several. Out of this amount, 50% would go to appellant no.1 and the remaining 50% would be shared in equal by appellants No. 2 and 3. --------0.B.S.0------------